Johnson v. Rogers

Dist. Ct. did not err in granting defendant-police officer’s motion for summary judgment, after finding that defendant was entitled to qualified immunity in plaintiff’s section 1983 action, alleging that defendant used excessive force during his arrest while plaintiff was handcuffed, under circumstances where, according to plaintiff, defendant kicked him in leg that caused him to fall and suffer compound fracture in his leg. While videotape of arrest did not unambiguously establish what defendant did while attempting to return plaintiff to area near squad car, jury could conclude that defendant had delivered kick, as opposed to leg sweep as defendant had contended. However, defendant was still entitled to qualified immunity, where record showed that: (1) plaintiff was not under control when defendant attempted to use his knee to unbalance plaintiff; and (2) any kick by defendant was properly understood as attempt to regain control of plaintiff, who had previously told defendant that he wanted to run away. As such, while defendant’s attempt to control plaintiff caused plaintiff to incur injury to his leg, such attempt did not lead to liability.